Can I Stay? PGWP expiring in June 2012, need to extend to TWP but no LMO yet

[MWVC]

Hi all,
I'm hoping someone can give me advice regarding my Temporary Foreign Worker application. Here's my story:

After graduating from a Canadian university in 2009, I was given a 3-Year Post Graduate Work Permit that expires on June 2, 2012. Since graduation I've been working for the same company and doing the same job, so my extension is for the same job. I have my TFW application prepared but my employer has not yet submitted an LMO.

I know that CIC used to accept TFW apps w/o an LMO provided that there was proof of it is being processed, but that is no longer allowed now.
I am confident that there will be no issues with obtaining a positive LMO because I have already been doing the same job for 3 years prior, so I'm already trained specifically for the job and I do it very well. The issue is what will happen if my LMO is still being processed and my PGWP expires. In case it is relevant, I believe I am in the low skilled worker category. My formal title is Customer Service Associate, but what I really do involves more computer and design skill because I work in a printing shop.

I know that I am not allowed to legally work in Canada without a valid work permit, nor can I stay in Canada upon it's expiration, but I really would hate to have to fly all the way back to the Philippines until the LMO and application is processed and then fly all the way back to Canada to resume work. I am hoping to stay in Canada, and if possible continue working (even without pay to be paid back later), for the duration of the processing period. If I can't work then that's fine, I could always use a vacation from work, but I definitely want to stay in Canada. At the very very least, I would like to stay in Canada or return to Canada in July for my friend's wedding as his Best Man.

From my understanding, a TRV will allow me to do this but I do not have a valid TRV at the moment because I have not needed to travel outside of Canada and across the border to the US for some time. In case it is relevant, I am from the Philippines and therefore require a TRV to re-enter Canada.

My questions are:
Can I apply for a TRV and use that to remain in Canada while my worker status is sorted out? I would like to apply online to cut down the processing time, but there is no option to submit a TRV application on MyCIC.
If I apply via mail and the application is still being processed upon my PGWP expiration, can I still stay in Canada under Implied Status pending a decision?

Please let me know if there are any other important issues that I've missed. I was so sure I was in for a smooth extension by applying online, but the LMO requirement really blind-sided me.

Thank you very much for any help and advice you can provide.

 

[SenoritaBella]

1. You need to renew your work permit before you can apply for a temporary resident visa(TRV) which is done by mail to a Canadian Consulate in the US.

2. If your pgwp expires before you apply for extension of your work permit, you must stop working. Working without pay is still considered "work" because you will be "holding up" a position which a Canadian citizen or permanent resident could occupy. See below:

"Work is defined in Canada's laws as any activity for which an individual receives payment, or one that competes directly with Canadian citizens or permanent residents in the Canadian labour market."

3. After your pgwp expires, you will have 90 days which you can apply for restoration of status. If you receive your approved LMO within this period, you can apply for extension of the work permit, restoration of status(and pay the fee) and include your LMO.

4. I think your inquiry is whether you can apply for a visitor visa? If so, yes you may and be sure it's done before your pgwp expires. You have to satisfy the officer that you will leave after it expires. With a visitor visa, you are not allowed to work(unless you have a job that does not require a LMO). If you get your LMO approved later on, you may apply for a new work permit.

Hope this helps!

 

[MWVC]

Thanks for your sound advice, SenoritaBella. Just a couple of things that I'm hoping to get clarification on. I just want to do all that I can to stay in Canada for the summer to attend my friend's wedding.

Okay so as you said, applying for a TRV (worker) is dependent on my work permit. Obviously that won't help me stay in Canada for the summer because my work permit expires in June and I can't renew my work permit without a positive LMO, which takes 8-10 weeks to process. So that avenue is closed to me.

So with the visitor visa, would I still have to apply for a new one outside of Canada? I've heard that I could mail my application to Buffalo and still stay in Canada as it is being processed. Then upon approval, I could drive across the border to Buffalo, pick up my papers, and then cross back to Canada in the same day. Is this possible?

 

[SenoritaBella]

Mailing your application to Buffalo is considered "applying from outside", except you don't have to be physically outside Canada. Yes, you can stay in Canada while it's being processed. I don't have information about the border crossing to pick it up so call the CIC call centre to find out or speak to a lawyer. May be other forum members can be of help.

 

[MWVC]

Thanks again!

I was reading around the forum and I discovered a couple people that are in the same boat as me, they're PGWP is expiring and they want to extend their stay. What they're doing is changing from a worker status to a visitor status to extend their stay, which is what I'm definitely willing to do if need be.

So I think I'm getting confused between a TRV and a visitor visa.
The TRV is the $200 fee right? And that is the one that needs to be applied outside of Canada?
The visitor visa would be one with a $75 application fee which I can send to Vegreville? I should be using the $75 fee one right?
Or is TRV and visitor visa the same thing and the $75 application is what people use to extend their TRV?

In case it is relevant, the last TRV in my passport expired in Dec 31, 2011 and is stamped with a Worker category. I got it from the Philippines when we visited over the summer and I needed to get back in to Canada to continue working.

 

[Rpirl]

Im in the same boat, but my employer wont do the LMO
Did you apply for the Permanent Residence yet? Im currently in the process and done my medical in november... Any thoughts on mine current situation?
Or should i just get a Visitor visa at this point?

 

[MWVC]

Hi RPgirl,
I'm afraid you're ahead of me in terms of Canadian status, I don't have any skilled work under my belt to apply for PR yet under CEC.

Ugh, I can't believe I got stuck in a low skill job for THREE years. AND I can't believe I completely missed the LMO requirement otherwise I would have applied so much earlier. I was on the fence for so long as to whether I should try going back to school or work more and save up more money. That's what happens when you wait too long to decide what you want to do with your life.

Anyways, my employers haven't decided to do my LMO yet. I notified them earlier today of the LMO process so I'm really hoping they do. If they don't then my only other options are to find a new employer willing to take me on (unlikely) or go back to school and apply for a study permit (doable, but admission deadlines are closing fast). I don't think I have a lot of options to stay in Canada and I'm afraid that if I leave, I won't be able to get back in at all.

As for your situation, I'm no expert nor am I familiar with the immigration process, but if your employers are will not do an LMO for you then I would think you should apply for a visitor visa. But keep in mind, that I'm sort of asking the same question so don't follow my advice if you can. The difference between you and I is that you are in the process of applying for PR where I am not. Have you tried asking on the PR forum?

 

[SenoritaBella]

Thanks again!

I was reading around the forum and I discovered a couple people that are in the same boat as me, they're PGWP is expiring and they want to extend their stay. What they're doing is changing from a worker status to a visitor status to extend their stay, which is what I'm definitely willing to do if need be.

So I think I'm getting confused between a TRV and a visitor visa.
The TRV is the $200 fee right? And that is the one that needs to be applied outside of Canada? You apply for TRV from outside(by mail) and it is $150. The $200 is for restoration of temporary resident status(if you lose your status as a worker, visitor or student). You have not lost your status, so no need to pay this $200. More information here: http://www.cic.gc.ca/english/information/applications/guides/5551ETOC.asp#5551E5

The visitor visa would be one with a $75 application fee which I can send to Vegreville? I should be using the $75 fee one right? Yes and Yes. You can even apply for it online. Here's the application package: http://www.cic.gc.ca/english/information/applications/visitor.asp
Or is TRV and visitor visa the same thing and the $75 application is what people use to extend their TRV? No, TRV and visitor visa are different but they both allow you to enter Canada.

In case it is relevant, the last TRV in my passport expired in Dec 31, 2011 and is stamped with a Worker category. I got it from the Philippines when we visited over the summer and I needed to get back in to Canada to continue working.

 

[MWVC]

Thanks for clearing that up for me, SenoritaBella, you've been a great help.

It seems that my employer that I put so much faith in has decided to not apply for an LMO to extend my stay. Needless to say, I will be leaving their employ very soon to focus on seeking other employment and/or attempting to go back to school.

My next question is, is there a limit to how many applications you can send in to CIC for processing? I will definitely apply for a visitor visa to extend my stay in Canada, but most likely that will continue to be processed after my PGWP expires so I will be a Implied Status Visitor. Would I still be able to apply for a work permit or study permit with that status? I understand that applying for either of those would require me to apply outside of Canada and I understand that leaving Canada will nullify my Implied Status, but can I still just send in a work/study permit application while on Implied Status Visitor?